ABDUL HAFEEZ Vs. STATE

JUDGEMENT

(1.) PETITIONER are accused Nos.1 and 2 in Crime No.212/2012 registered by the Hulimavu Police Station, Mico Layout, Bangalore for the offences punishable under Sections 3(10) of SC/ST (Prevention of Atrocities) Act read with Sections 427, 506, 504, 447 and 34 of IPC.

(2.) THE allegation in the complaint is that one organization by name Karnataka Jana Andolana Sanghatane had fixed Dr.B.R.Ambedkar's photo. Around 11:30 am at the time of inaugural of the said Organization, accused came and abused using caste language and removed the photo by trespassing into the property of the complainant. But, prima facie, to attract provisions of Section 3(10) of SC/ST (Prevention of Atrocities) Act, necessary allegations have to be stated in the complaint namely complainant belonging to SC/ST caste and the accused does not belong to the said caste and further in order to insult and humiliate in the public view, the accused has used the caste language. However, prima facie such allegations are not forthcoming in the complaint.

(3.) THE observations made in this petition are only for the purpose of grant of bail application and not expressing any opinion on merit